Right of Light Disputes
Rights of Light is a complex legal matter that requires expert understanding of the way in which light is valued for both sunlight and daylight in developments and rights of light that have been acquired. Our mediator specialised in preparing and analysing right of light and daylight and sunlight for planning issues before focusing on a career in dispute resolution. Expert advice and reports on Rights of Light matters can be sought from Rights of Light Consulting.
With expertise in the field and a real understating of the 3D modelling and impact of light reduction on developments and on existing structures you are in safe hands when considering mediation on a right of light dispute.
Specialist reports are costly and unavoidable when reviewing the effect of light loss but managing the dispute in a time efficient and cost effective manner through mediation can minimise the overall impact of the dispute. The general resolution for such disputes is either based on compensation or cut back of developments. An engaged view of the consequences of each can help each party fully define their concerns and position. Consideration of real value can also be determined by invested understanding of the disputed parties position. Book value offers a relative position but the ability to engage with both parties in reaching considered positions is a unique prospective brought to the table through mediation.
In 2014 The Law Commission reviewed how disputes in regards to Rights of Light are handled and it was disclosed that there was a preference for a system to be streamlined in order to avoid the need for court proceeding. Alternative Dispute Resolution, as which many civil matters, was a favoured line of analysis evidencing that there were crucial benefits in engaging with mediation over court proceedings and that the likely outcome would be more favoured by all parties allowing for some level of reassessment and understanding of each prospective. In most cases this approach can give the parties in dispute the power to aid the resolution that will allow a way forward were other approaches may leave each party feeling there in a win/ lose battle rather than achieving a balanced outcome.
As many Rights of Light disputes arise from commercial situations the benefit of the confidentiality of mediation can also be utilised to engage commercial parties in the process. Court proceeding, regardless of outcome may not be favoured by companies or the effected party. To be able to discuss and negotiate in the comfort of a confidential setting can empower the parties to achieve an outcome they may not have been able to see without the comfort mediation offers.
Our expert mediator has extensive experience in rights of light and can offer advice and personal experience in such matters that may allow the parties to achieve a resolution that is satisfactory to all concerned and moreover, is laid to rest in acceptable time frames that may not be the case with a court hearing. Minimising time committed to the dispute often in itself enables a balanced resolution to be reached as the personal and often commercial investment is less significant and therefore the ability to direct their energy can be targeted to the resolution itself, ensuring a resolution that is owned by the parties and is something they can both live with.